Reflection And Forecast Of Progress Of Law In New China

The rule of law is an important symbol of modern civilization.In recent years ,the process of the rule of law is the legal profession in China, Chinese people of different backgrounds based on different perspectives on this issue and make a different analysis and the focus on the issue. Jurisprudence on this issue concerns the importance, not only its real focus, but a huge space to explore the theory. In other words, the focus of an era where the problem lies, most often to highlight the real situation of society, to explore the most theoretical value. In the 21st century, our goal is to become of the times with Chinese characteristics of the socialist market economy, socialist country. Is essentially a market economy, rule of law.The rule of law is the inherent requirement of the market economy, the rule of law in this age is particularly critical. The rule of law is a modern market economy and democratic politics a core feature of all is to a market economy and democratic political transition countries must be resolved as soon as possible. Based on the above points, this paper since the founding of our time to the different stages of development for the perspective of history, carding system of China, the rule of law and the theory of history and sum up its successful experience in building the rule of law, the perspective of modern Chinese rule of law in the process of the existing problems. The future of rule of law in China, we need to made forward-looking thinking and put forward the rule of law in China to speed up the process of development strategies.The text is divided into three parts:The first part : the perspective of history. In the article, I propose the founding of New China, since the rule of law in the course of the development ,it can be divided into the start-up period, the rule of law around and suffered a serious setback in the 4 periods. The four periods are: First, the rule of law in the start-up period (1949 from October 1949 to the founding of New China in 1956 the anti-rightist campaign before the start of the new democracy and the rule of law start-up stage in China. Second, the rule of law and a serious setback around Period (1957 -1978 years) of the rule of law in China suffered a serious setback in period began in June 1957 the anti-rightist campaign stop in October 1976 the end of the Cultural Revolution. From October 1976 to December 1978, China is the rule of law around the period. Third, the rule of law and reconstruction of the reconstruction period (1978-1997) in 1978 from the Third Plenary Session of the 11th party to be held in 1997, the building of democracy and the rule of remodeling and reconstruction phase. Fourth, establish the rule of law and implementation of the strategy period (1997-present) in 1997 from the CPC put forward a clear rule of law so far is the establishment of the rule of law and implementation of the strategy period.The second part: in the course of building the rule of law on the basis of the retrospective from the two sides of the new process and the rule of law in China was to reflect on the theory. First, summed up 30 years since the Third Plenary Session of the rule of law in new China has made achievements in the successful experience of the world . It's as follows: the Party and State leaders attach great importance to the rule of law. In order to develop a market economy and democratic politics is an important foundation for the rule of law; focus on the civil rights of citizens to protect and enhance the awareness of the law. Second, an analysis of the rule of law in China is currently in the process of the development of the existing problems, mainly reflected in four aspects :(A) Legislation on the issue. Legislative authority of the main legislation and legislative effect in the remaining ambiguities; legislation between the conflicting problems; some rough legislative, non-operational. (B) In law enforcement. The administrative law enforcement-related legislation is not perfect, so the lack of administrative law enforcement favorable external environment for the law; administrative law enforcement is a lack of effective supervision, administrative law occurred from time to time, have reacted strongly to the masses; administrative law enforcement is a lack of norms; the quality of administrative law enforcement personnel Needs to be raised. (C) The administration of justice. Justice is the ultimate pursuit of modern justice, and guarantee the independence of the judiciary is a necessary precondition for a just law. At present, judicial injustice still exist, mainly in the judiciary is not independent, non-judicial public.The third part : the analysis and sum up the successful experience of building the rule of law currently existing problems on the basis of the five aspects: First, to promote market-oriented economic and political democratization, which China to speed up the process of the rule of law is a prerequisite. The success of the rule of law need to build a well-developed democracy as a political basis for a complete market economy as the economic base. Second, improve the legislation. Legislation is running the legal and operational aspects of the initial, it is necessary to continue to strengthen its legislative work, improve the quality of legislation as soon as possible to establish a complete socialism with Chinese characteristics. Third, the administration according to law. Administration by law or administrative rule of law is the principle of the rule of law in the administrative area of the concrete application. Administration according to law as a basic strategy of governing the country according to law China an important part of the rule of law is not only the core of critical and difficult, but also an important basis for the rule of law and an important guarantee. Fourth, the reform of the judiciary. Justice is the judicial application of the law. In the face of the new century, into a prominent issue, there is difficulty in accordance with law, that is, the development of a large number of law has not been effectively implemented. Although the cause of the problem is very complicated, but in-depth reform of the judiciary to ensure that justice is one of the keys to solving the problem. Fifth, continue to carry out an in-depth legal education. The rule of law is a belief that the realization of the rule of law and the spirit of the modern legal foundation for the effective functioning of the psychological. Through various means, strive to improve the legal awareness of all citizens.Conclusion: the rule of law has become the socialist modernization construction goals, for the rule of law in China, also the socialist modernization drive require a comprehensive, history gives us confidence that we have a responsibility to not hesitate to push China the building of socialist democracy and the rule of law, the early realization of the strategic country according to law, this is the future direction of rich and powerful source of the Chinese people for the challenges of the 21st century response.